*Pages 1--3 from Microsoft Word - 22454.doc* Federal Communications Commission DA 02- 2839 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Timbuktu Academy of Science and Technology ) File No. SLD- 232274 Detroit, Michigan ) ) Federal- State Joint Board on ) CC Docket No. 96- 45 Universal Service ) ) Changes to the Board of Directors of the ) CC Docket No. 97- 21 National Exchange Carrier Association, Inc. ) ORDER Adopted: October 25, 2002 Released: October 28, 2002 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Before the Telecommunications Access Policy Division is a Request for Review filed by Timbuktu Academy of Science and Technology (Timbuktu), Detroit, Michigan. 1 Timbuktu seeks review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 2 For the reasons set forth below, we deny the Request for Review. 2. Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications services, Internet access, and internal connections. 3 The Commission’s rules require that the applicant make a bona fide request for services by filing with the Administrator an FCC Form 470, which is posted to the Administrator’s website for all potential competing service providers to review. 4 After the FCC Form 470 is posted, the 1 Letter from Gloria House, Timbuktu Academy of Science and Technology, to Federal Communications Commission, filed December 13, 2001 (Request for Review). 2 See Request for Review. Section 54. 719( c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C. F. R. § 54. 719( c). 3 47 C. F. R. §§ 54. 502, 54. 503. 4 Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); 47 C. F. R. § 54. 504( b); Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as 1 Federal Communications Commission DA 02- 2839 2 applicant must wait at least 28 days before entering an agreement for services and submitting an FCC Form 471, which requests support for eligible services. 5 SLD reviews the FCC Forms 471 that it receives and issues funding commitment decisions in accordance with the Commission’s rules. 3. SLD denied Timbuktu’s Funding Year 2001 application because it requested discounts on month- to- month services but cited a Year 2000 FCC Form 470. 6 Under program rules, month- to- month services received in one funding year cannot be supported by reference to an FCC Form 470 posted in a previous year. 7 In its Request for Review, Timbuktu argues that it did not understand that a new FCC Form 470 had to be filed each year. 8 However, it is well settled that in light of the thousands of applications that SLD reviews and processes each funding year, it is administratively necessary to place on the applicant the responsibility of understanding all relevant program rules and procedures. 9 In particular, failure to comply with the competitive bidding requirements must result in a denial of support by SLD. 10 We, therefore, deny Timbuktu’s Request for Review. 4. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722( a) of the Commission's rules, 47 C. F. R. §§ 0.91. 0.291, and corrected by Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Errata, FCC 97- 157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F. 3d 393 (5th Cir. 1999) (affirming Universal Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT& T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 5 47 C. F. R. § 54. 504( b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806 (October 2000) (FCC Form 471). 6 See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dr. Gloria House, Timbuktu Academy of Science and Technology, dated August 7, 2001 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dr. Gloria House, Timbuktu Academy of Science and Technology, dated November 27, 2001 (Administrator’s Decision on Appeal Letter). 7 Request for Review by Chickasaw Regional Library System, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 142924, CC Dockets No. 96- 45 and 97- 21, Order, 17 FCC Rcd 683, para. 7 (Com. Car. Bur. 2002) (“ An applicant seeking funding for month- to- month services from a provider must submit the service for competitive bidding even if it is a continuation of a service that was bid in the previous year.”). 8 Request for Review at 1. 9 See Request for Review by Anderson School Staatsburg, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of National Exchange Carrier Association, Inc., File No. SLD- 133664, CC Docket No. 96- 45 and 97- 21, Order, 15 FCC Rcd 181 (Com. Car. Bur. 2000), para. 8; see also SLD website, Form 471 Minimum Processing Standards and Filing Requirements for Funding Year 2001, . 10 See, e. g., Request for Review by Raytown Quality Schools, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 113698, CC Dockets No. 96- 45 and 97- 21, Order, DA 01- 147 (Com. Car. Bur. rel. January 23, 2001). 2 Federal Communications Commission DA 02- 2839 3 54.722( a), that the Request for Review filed by Timbuktu Academy of Science and Technology, on December 13, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau 3